I-485 denied WRONGFULLY by USCIS. - Administrative Error

rush76

New Member
I received a denial I-485 letter from USCIS today. I had applied under section 13-diplomatic status and it has been going perfectly fine and was on a good path to getting approved. I am originally pakistani and holding a pakistan citizen/national passport. The denial reason I received today from USCIS is that I am being denied because I am a RUSSIAN citizen and national. Now that is not true.

I was born in Russia back in 1976 but Russia does not provide any citizenship to non-russians births. Back then it was USSR in 1976. My parents were pakistani back then posted to Embassy of Pakistan to Russia. Now they are US citizens.

The denial letter say that I need to file motion to appeal if any of the reasons are incorrect. All of their reason is in-correct stating that I am being denied because I am Russian resident/national which I am not. I have all the evidence to proof that I am Pakistani National/Citizen, Married in Pakistan, and worked as Pakistani diplomat in pakistani consulate in NY. Just I was born in USSR in 1976 now Moscow/Russia.

How can I URGENTLY face and be infront of USCIS human to tell them that I am pakistani national not russian and so they can correct this mistake and re-inestate my EAD or issue me Temporary EAD while my Motion to Appeal is in process which will take 6 month to a year for them to correct.

Now this WRONG decision by USCIS has impacted me badly. I am about to lose my job, sell my house, get my kids out of private schools, sell allot of things out of my home since I would have no job to maintain all day to day, week to week or month to month expenses.

Yes I know I have to reply asap with in 30 days (appeal timeframe) and the letter says I need to Appeal if any information is wrong.
My question is there any faster way? can I get info-pass appointment to go meet the USCIS immigration officer in person? so I can give and show them the supporting document so they can correct this issue and provide me temporary EAD so I can continue with my life. other than wait for 6 month or 1 year so they can correct this.

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What is the fastest way?
1.) Info-Pass? What would I tell them that hey guys your reasoning is wrong? Here is my Pakistani nationality proof?
2.) Local District Congressmen?
3.) Any other expedited way?
4.) Send in Appeal /I-290B bried and all evidence within 30 days from the time denial letter is received.

Any suggestion.
Please I know, I can consult a Lawyer do not solicit any lawyer to me or lawyers please do not solicit to get in touch with a lawyer etc.. I know I can do that. I am here to ask any ground help I can get.

Thank you
and glad we have forums.
 
#4, the I-290B (Motion to Reopen) is the best and quickest option. If you tried option 1 or 2, they'd direct you to #4 anyway.

I was born in Russia back in 1976 but Russia does not provide any citizenship to non-russians births. Back then it was USSR in 1976. My parents were pakistani back then posted to Embassy of Pakistan to Russia. Now they are US citizens.
Include that in your explanation letter with the I-290B. Preferably have a lawyer write the letter so USCIS will take it more seriously.

If your EAD is unexpired and you have not been removed from your job, keep working while waiting for the Motion to Reopen decision (which is usually issued within 1 or 2 months for I-485 cases). If they agree to reopen your case, your EAD will be retroactively reinstated and you won't be penalized for working in the interim, since it should have never been revoked in the first place.

Note that MTR approval normally would only put your I-485 back into pending status; you may still have to wait days, weeks, or months after that for the I-485 itself to be approved.
 
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Thank you and much appreciated for your reply.

The denial letter from USCIS states that I should "APPEAL" not motion to re-open. They state to appeal to AAO or the person who made the decision using form I-290B.
Now I will start the appeal process and send in all the brief and evidence.
The appeal according to their website takes from 6 month to a year for reply. Motion to reopen takes 90days. Now they do not state on their denial letter that I can Motion to reopen. I can just appeal their decision (6 month + reply).

How can I tell them quicker that you have made an administrative error and I have evidence and brief to proof that, so my EAD can be reinstated and I can continue with my life. otherwise I would have to face all the catastrophic consequences with life upside down.

I have taken INFOPASS appointment, would that help? do I go there and sit with an immigration officer so they can listen to me there? and probably request for EAD extension will the appeal is in process?

thanks
 
Thank you and much appreciated for your reply.

The denial letter from USCIS states that I should "APPEAL" not motion to re-open. They state to appeal to AAO or the person who made the decision using form I-290B.

That's just their standard confusing wording. I-290B is the form for Motion to Reopen or appeal, and you should use it to file an MTR to challenge the initial erroneous denial of your I-485. If you don't believe me, consult an attorney or two.

If the MTR is denied, then you proceed to the AAO or Federal district court.

How can I tell them quicker that you have made an administrative error and I have evidence and brief to proof that, so my EAD can be reinstated and I can continue with my life.
Like I said before, if your EAD is unexpired and your employer hasn't kicked you out, keep working until it expires, and don't tell your employer that anything is wrong. Once the MTR is approved (or higher level appeal is approved, if the MTR failed), your EAD will be retroactively reinstated and you won't be penalized for working while the MTR or appeal was pending.

Just make sure you don't travel abroad while the MTR is pending. Travel only after your I-485 is reopened.
 
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